Yd. Chu, THE MAKING OF A QUAGMIRE - THE INADEQUACIES OF APPLYING THE JACKSON-VANIK AMENDMENT TO VIETNAM TRANSITIONAL ECONOMY, Columbia journal of transnational law, 35(2), 1997, pp. 453-476
Over the years, the United States has articulated the ideological link
between development of market economies and respect for democratic va
lues and human rights through trade preferences and rite Jackson-Yanik
Amendment. Enacted during the Cold War, the Amendment applies only to
states that fit the definition of ''nonmarket economy'' and thus, fai
ls to account for nations that are undergoing drastic structural trans
itions. Using the example of Vietnam's economic reform, this Note iden
tifies economic and political dilemmas peculiar to transitional develo
ping states. The author argues that under the current statutory scheme
of the Amendment, the concerns of these transitional states are not a
ddressed. The author concludes that a change in the statutory scheme o
f the Jackson-Vanik Amendment to encompass ''nonmarket economy states
in transition'' will serve to enhance the twin aims of economic develo
pment and human rights.